PART 3INVESTIGATIONS

Ancillary investigations

I116Power to investigate other health-related services

1

This section applies where—

a

the Ombudsman has power under this Part to investigate—

i

alleged maladministration by a relevant listed authority in connection with relevant action taken by the authority in relation to a person,

ii

an alleged failure in a relevant service provided to a person by a relevant listed authority, or

iii

an alleged failure by a relevant listed authority to provide a relevant service to a person, and

b

a health-related service which is not a relevant service has also been provided to the person.

2

If the Ombudsman considers that the alleged maladministration or failure cannot be investigated effectively or completely without also investigating the health-related service mentioned in subsection (1)(b), the Ombudsman may investigate that service as part of the investigation in respect of the relevant listed authority.

3

If the Ombudsman does so, any reference to a listed authority in section 17, 18, 23(2)(b) or (7)(a), 27, 28(4)(b), (6)(c), (6)(d) or (9)(b)(ii) or 29(4)(a) includes, in addition, a reference to the person who provided the health-related service mentioned in subsection (1)(b).

4

In this section—

  • “health-related service” (“gwasanaeth sy'n gysylltiedig ag iechyd”) includes—

    1. a

      any medical, dental, ophthalmic, nursing, midwifery or pharmaceutical service, and

    2. b

      any other service which is provided in connection with a person's physical or mental health,

    other than a special procedure performed under the authority of a special procedure licence (within the meaning of Part 4 of the Public Health (Wales) Act 2017 (anaw 2);

  • “relevant action” (“camau gweithredu perthnasol”) has the meaning given in section 11(4);

  • “relevant listed authority” (“awdurdod rhestredig perthnasol”) means—

    1. a

      F1...

    2. b

      a Local Health Board;

    3. c

      an NHS Trust managing a hospital or other establishment or facility in Wales;

    4. d

      a Special Health Authority not discharging functions only or mainly in England;

    5. e

      F2...

    6. f

      an independent provider in Wales;

    7. g

      a family health service provider in Wales;

    8. h

      a person with functions conferred by regulations made under section 113(2) of the Health and Social Care (Community Health Standards) Act 2003 (c.43);

    9. i

      the Welsh Health Specialised Services Committee;

    10. ia

      F3the Citizen Voice Body for Health and Social Care, Wales;

  • “relevant service” (“gwasanaeth perthnasol”) has the meaning in section 11(5).

5

This section does not affect the Ombudsman's power under section 19.